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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103858-103863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30252]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[256A2100DD/AAKC001030/A0A51010.999900]

Fiscal Year 2024 List of Programs Eligible for Inclusion in 
Funding Agreements Negotiated With Self-Governance Tribes by Interior 
Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2025 
Programmatic Targets

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: Pursuant to the Indian Self-Determination and Education 
Assistance Act (Act), as amended, for each of the Department of the 
Interior (Department) bureaus other than the Bureau of Indian Affairs, 
this notice lists programs or portions of programs eligible for 
inclusion in self-governance

[[Page 103859]]

funding agreements with Indian Tribes, and Fiscal Year 2025 
programmatic targets for each of the non-Bureau of Indian Affairs (BIA) 
bureaus in the Department of the Interior (Department), pursuant to 
title IV of the Act, as amended. Revisions to this list are based upon 
feedback received in Tribal Consultations in January 2023 on what 
information would be most helpful to Indian Tribes seeking ways to 
develop collaborative arrangements in the co-stewardship of Federal 
lands and waters.

DATES: These programs are eligible for inclusion in self-governance 
funding agreements until September 30, 2025.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to Vickie Hanvey, Program Policy Analyst, Office of Self Governance, by 
U.S. mail to MS 3259-MIB, 1849 C Street NW, Washington, DC 20240-0001; 
by telephone at 202-219-0240; via email to [email protected]; by 
fax at 202-219-4246; or to the bureau-specific points of contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Contacts from the following bureaus 
and offices are available to answer questions about this notice or 
regarding self-governance:
     Office of Self Governance: Vickie Hanvey, Program Policy 
Analyst, Office of Self Governance, by telephone at (918) 931-0745, or 
via email at [email protected].
     Bureau of Land Management: Byron Loosle, Division Chief 
for National Conservation Lands, by telephone at (202) 302-1442, or via 
email at [email protected].
     Bureau of Reclamation: Mr. Kelly Titensor, Native American 
Affairs Advisor, by telephone at (202) 513-0558 or via email at 
[email protected].
     Office of Natural Resources Revenue: Bethany Hagen-
Templin, Tribal Liaison, by telephone at 303-231-3667 or via email at 
[email protected].
     National Park Service: Dorothy FireCloud, Native American 
Affairs Liaison, by telephone at (202) 354-2090, or via email at 
[email protected].
     U.S. Fish and Wildlife Service: Scott Aikin, National 
Native American Programs Coordinator, by telephone at (202) 285-3411, 
or via email at [email protected].
     U.S. Geological Survey: Chris Hammond, Head, Office of 
Tribal Relations, by telephone at (703) 648-6621, or via email at 
[email protected].
     Bureau of Trust Funds Administration: Lee Frazier, Program 
Analyst, by telephone at (202) 208-7587, or via email at 
[email protected].
     Appraisal and Valuation Services Office (AVSO): Eldred F. 
Lesansee, Associate Deputy Director, Office of Tribal Sovereignty, by 
telephone at (505) 414-3805, or via email at 
[email protected].
    Alternatively, any inquiries may be submitted to Director, Office 
of Self Governance, 1849 C Street NW--3259 MIB. U.S. Department of the 
Interior, Washington, DC 20240. Any inquiry submitted by mail should 
clearly note the Bureau to whom it is directed.

SUPPLEMENTARY INFORMATION:

I. Background

    Title IV of the Indian Self-Determination and Education Assistance 
Act (Act) instituted a permanent self-governance program at the 
Department. Under the self-governance program, certain programs, 
services, functions, and activities, or portions thereof, in Department 
bureaus other than the Bureau of Indian Affairs (BIA) are eligible to 
be planned, conducted, consolidated, and administered by a self-
governance Tribe.
    Section 412(c) of the Act requires the Secretary of the Interior 
(Secretary) to annually publish a list of, and programmatic targets 
for, non-BIA programs, services, functions, and activities, or portions 
thereof, that are eligible for inclusion in agreements negotiated under 
the self-governance program.
    Two kinds of non-BIA programs are eligible for self-governance 
funding agreements. First, section 403(b)(2) of the Act provides that 
any non-BIA program, service, function, or activity that is 
administered by the Department that is ``otherwise available to Indian 
tribes or Indians'' can be administered by a Tribe through a self-
governance funding agreement. The Department interprets this provision 
to authorize the inclusion of programs eligible for self-determination 
contracts under title I of the Act. Section 403(b)(2) also specifies, 
``nothing in this subsection may be construed to provide any tribe with 
a preference with respect to the opportunity of the tribe to administer 
programs, services, functions, and activities, or portions thereof, 
unless such preference is otherwise provided for by law.''
    Second, section 403(c) of the Act adds that the Secretary may 
include other programs, services, functions, and activities or portions 
thereof that are of ``special geographic, historical, or cultural 
significance'' to a participating self-governance Tribe. Subpart G of 
the self-governance regulations (25 CFR part 1000) provides the process 
and timelines for negotiating self-governance funding agreements with 
non-BIA bureaus.
    Section 403(k) of the Act provides that funding agreements may not 
include programs, services, functions, or activities that are 
inherently Federal or where the statute establishing the existing 
program does not authorize the type of participation sought by the 
Tribe. However, an Indian Tribe (or Tribes) need not be identified in 
the authorizing statutes in order for a program or element of a program 
to be included in a self-governance funding agreement. While general 
legal and policy guidance regarding what constitutes an inherently 
Federal function exists, the non-BIA bureaus will determine whether a 
specific function is inherently Federal on a case-by-case basis 
considering the totality of circumstances.

II. Funding Agreements Between Self-Governance Tribes and Non-BIA 
Bureaus of the Department of the Interior for Fiscal Year 2024

    This section provides information on the Tribes with which the 
Department of the Interior's non-BIA Bureaus have entered self-
governance funding agreements for fiscal year 2024. The Department is 
exploring ways to make available a historic list of agreements in prior 
fiscal years.

A. Bureau of Land Management

    The Bureau of Land Management has entered funding agreements with 
the following Tribes for Fiscal Year 2024:
     Council of Athabascan Tribal Governments; and
     Duckwater Shoshone Tribe of the Duckwater Reservation.

B. Bureau of Reclamation

    The Bureau of Reclamation has entered funding agreements with the 
following Tribes for Fiscal Year 2024:
     Gila River Indian Community of the Gila River Indian 
Reservation;
     Hoopa Valley Tribe;
     Karuk Tribe; and
     Yurok Tribe of the Yurok Reservation.

C. Office of Natural Resources Revenue

    The Office of Natural Resources Revenue has entered no funding 
agreements with any Tribes for Fiscal Year 2024.

D. National Park Service

    The National Park Service has entered funding agreements with the 
following Tribes for Fiscal Year 2024:

[[Page 103860]]

     Alaska Regional Office--Tanana Chiefs Conference;
     Bandelier National Monument--Santa Clara Pueblo;
     Bering Land Bridge National Preserve--Kawerak, Inc.;
     Grand Portage Band of Lake Superior Chippewa Indians--
Minnesota Chippewa Tribe;
     River Raisin National Battlefield Park--Wyandotte Nation;
     Valles Caldera National Preserve--Santa Clara Pueblo; and
     Redwood National and State Parks with Yurok Tribe of the 
Yurok Reservation.

E. Fish and Wildlife Service

    The Fish and Wildlife Service has entered a funding agreement with 
the following Tribe for Fiscal Year 2024:
     Council of Athabascan Tribal Governments.

F. U.S. Geological Survey

    The U.S. Geological Survey has entered a funding agreement with the 
following Tribe for Fiscal Year 2024:
     Yurok Tribe of the Yurok Reservation.

G. Bureau of Trust Fund Administration

    The Bureau of Trust Fund Administration has entered a funding 
agreement with the following Tribe for Fiscal Year 2024:
     Confederated Salish and Kootenai Tribes of the Flathead 
Reservation, and
     Cherokee Nation.

H. Appraisal and Valuation Services Office

    The Appraisal and Valuation Services Office has entered funding 
agreements with the following Tribes for Fiscal Year 2024:
     Quapaw Nation;
     Morongo Band of Mission Indians;
     Muckleshoot Indian Tribe;
     Pueblo of Taos;
     Confederated Tribes of the Umatilla Indian Reservation;
     Association of Village Council Presidents;
     Kawerak, Inc.;
     Native Village of Tanana;
     Tanana Chiefs Conference (includes Gwichyaa Gwich'in, aka 
Fort Yukon);
     Central Council of the Tlingit and Haida Indian Tribes;
     Cherokee Nation;
     The Choctaw Nation of Oklahoma;
     Eastern Shawnee Tribe of Oklahoma;
     The Muscogee (Creek) Nation;
     Wyandotte Nation;
     Oneida Nation;
     Confederated Salish and Kootenai Tribes of the Flathead 
Reservation;
     Lummi Tribe of the Lummi Reservation;
     Port Gamble S'Klallam Tribes;
     Confederated Tribes of Siletz Indians of Oregon;
     Hoopa Valley Tribe;
     Redding Rancheria;
     Chippewa Cree Indians of the Rocky Boy's Reservation;
     Absentee-Shawnee Tribe of Indians of Oklahoma;
     Citizen Potawatomi Nation, Oklahoma;
     Kaw Nation, Oklahoma;
     Sac and Fox Nation, Oklahoma;
     Salt River Pima-Maricopa Indian Community of the Salt 
River Reservation;
     Shoshone-Paiute Tribes of the Duck Valley Reservation, 
Nevada; and
     The Osage Nation.

III. Eligible Programs of the Department of the Interior Non-BIA 
Bureaus

    Self-governance compacts may include programs, services, functions, 
or activities administered by the Department other than through the BIA 
that are otherwise available to Indian tribes or Indians and may also 
include other programs, services, functions, and activities, or 
portions thereof, administered by the Secretary of the Interior which 
are of special geographic, historical, or cultural significance to the 
participating Indian tribe requesting a compact. This grants the 
Department the discretion to fund programs that may coincidentally 
benefit Indians but that are national in scope and are not by 
definition programs for the benefit of Indians because of their status 
as Indians.
    This section lists by bureau examples of the types of non-BIA 
programs, or portions thereof, that may be eligible for self-governance 
funding agreements because they are either ``otherwise available to 
Indians'' under title I of the Act and not precluded by any other law, 
or that may have ``special geographic, historical, or cultural 
significance'' to a participating Tribe. The list represents examples 
of the programs that may be available to Tribes under a self-governance 
funding agreement, and is neither complete, exhaustive, nor indicative 
of a final determination on any program.
    The Department may include in funding agreements other programs or 
activities not listed below which, upon request of a self-governance 
Tribe, the Department determines to be eligible under section 403(b)(2) 
or 403(c) of the Act. Tribes interested in doing so are encouraged to 
begin discussions with the appropriate non-BIA bureau.
    The Secretary of the Interior, the Secretary of Agriculture, and 
the Secretary of Commerce have issued Joint Secretarial Order (S.O.) 
No. 3403 on fulfilling the trust responsibility to Tribes in the 
stewardship of Federal lands and waters. Pursuant to S.O. 3403, the 
Department is committed to facilitating agreements with Tribes for the 
collaborative and cooperative stewardship of Federal lands and waters.

A. Eligible Bureau of Land Management Programs

    Congress tasked the Bureau of Land Management (BLM) with a mandate 
of managing public lands for a variety of uses such as energy 
development, livestock grazing, recreation, and timber harvesting while 
ensuring natural, cultural, and historic resources are maintained for 
present and future use. BLM carries out some of its public land 
management activities through contracts and cooperative agreements. 
These and other activities may be available for inclusion in self-
governance funding agreements depending upon availability of funds, the 
need for specific services, and the self-governance Tribe's 
demonstration of a special geographic, cultural, or historical 
significance. Tribes may obtain further information on specific 
activities that may be available for inclusion in a self-governance 
funding agreement from the relevant BLM State office.
    Some elements of the following non-exclusive list of BLM programs 
may be eligible for inclusion in a self-governance funding agreement:
     Minerals Management Inspection, Enforcement, and 
Production. Verification of Indian coal and sand and gravel operations 
is already available for contracting under title I of the Act and, 
therefore, may be available for inclusion in a funding agreement. In 
addition, in a study conducted pursuant to Secretarial Order 3377, the 
Department of the Interior Office of the Solicitor determined that the 
following functions are available for inclusion in a funding agreement: 
inspection and enforcement of Indian oil and gas operations; 
determining trust land locations; approving applications for permits to 
drill; securing and enforcing bonds (for surface of spill estate); and 
providing mineral assessments and valuation;
     Cadastral Survey. Tribal and allottee cadastral survey 
services are already available for contracting under title I of the Act 
and, therefore, may be available for inclusion in a funding agreement;
     Cultural Heritage. Cultural heritage activities such as 
research and inventory may be available in specific States;

[[Page 103861]]

     Natural Resources Management. Activities such as 
silvicultural treatments, timber management, cultural resource 
management, watershed restoration, environmental studies, tree 
planting, and tree thinning may be available in specific States;
     Range Management. Activities such as revegetation, noxious 
weed control, fencing, construction and management of range 
improvements, grazing management experiments, and range monitoring may 
be available in specific States;
     Riparian Management. Activities such as facilities 
construction, erosion control, and rehabilitation may be available in 
specific States;
     Recreation Management. Activities such as facilities 
construction and maintenance, and interpretive design and interpretive 
construction, and similar activities may be available in specific 
States;
     Wildlife and Fisheries Habitat Management. Activities such 
as construction and maintenance; implementation of statutory, 
regulatory, and policy or administrative plan-based species protection; 
and interpretive design and construction and similar activities may be 
available in specific States; and
     Wild Horse Management. Activities such as wild horse 
roundups, adoption, and disposition, including operation and 
maintenance of wild horse facilities, may be available in specific 
States.

B. Eligible Bureau of Reclamation Programs

    The mission of the Bureau of Reclamation (Reclamation) is to 
manage, develop, and protect water and related resources in an 
environmentally and economically sound manner in the interest of the 
American public. Reclamation water resources projects provide water for 
agricultural, municipal, and industrial water supplies use; 
hydroelectric power generation; flood control; enhancement of fish and 
wildlife habitats; and outdoor recreation. To this end, most of 
Reclamation's activities involve the construction, operation, 
maintenance, and management of water resources projects and associated 
facilities, as well as research and development related to 
Reclamation's responsibilities. Upon the request of a self-governance 
Tribe, Reclamation will consider including programs or activities which 
Reclamation determines to be eligible under section 403(b)(2) or 403(c) 
of the Act in self-governance funding agreements.
    Some elements of the following non-exclusive list of Reclamation 
water resource projects, which was developed with consideration of 
their proximity to identified self-governance Tribes, may be eligible 
for inclusion in a self-governance funding agreement:
     Klamath Project, California and Oregon;
     Trinity River Fishery, California;
     Central Arizona Project, Arizona; and
     Indian Water Rights Settlement Projects, as authorized by 
Congress.

C. Eligible Office of Natural Resources Revenue Programs

    The Office of Natural Resources Revenue (ONRR) collects, accounts 
for, verifies, and distributes mineral revenues from both Federal and 
Indian mineral leases. ONRR also evaluates industry compliance with 
laws, regulations, and lease terms, and offers mineral-owning Tribes 
opportunities to become involved in ONRR programs that address the 
intent of Tribal self-governance, providing self-governance Tribes with 
good preparation for assuming other technical functions. ONRR program 
functions are generally available to Tribes pursuant to the Federal Oil 
and Gas Royalty Management Act of 1983 (FOGRMA; 30 U.S.C. 1701 et 
seq.).
    The following ONRR program functions may be eligible for inclusion 
in a self-governance funding agreement:
     Audit of Tribal Royalty Payments. Audit activities for 
Tribal leases, except for the issuance of orders, final valuation 
decisions, and other enforcement activities. (This program is offered 
as an option for Tribes already participating in ONRR cooperative 
audits);
     Verification of Tribal Royalty Payments. Compliance 
verification, monitoring activities, and production verification, 
except for the issuance of orders, final valuation decisions, and other 
enforcement activities;
     Tribal Royalty Valuation. Preliminary analysis and 
recommendations for valuation, and allowance determinations and 
approvals; and
     Royalty Internship Program. An orientation and training 
program for auditors and accountants from mineral-producing Tribes to 
acquaint Tribal staff with royalty laws, procedures, and techniques. 
This program is recommended for Tribes that are considering a self-
governance funding agreement but have not yet acquired mineral revenue 
expertise via a 30 U.S.C. 1732 cooperative agreement (FOGRMA; Pub. L. 
97-451, section 202), as this term is defined in FOGRMA and 
implementing regulations at 30 CFR 228.4.

D. Eligible National Park Service Projects

    The mission of the National Park Service (NPS) is to preserve 
unimpaired the natural and cultural resources and values of the 
National Park System for the enjoyment, education, and inspiration of 
this and future generations.
    The NPS administers the National Park System, which provides 
resource park management technical, operational, and training 
assistance to Tribal Governments. NPS consists of 420+ national parks, 
monuments, historic sites, battlefields, seashores, lake shores and 
recreation areas. NPS units protect natural and cultural resources on 
these Federal lands and conducts a range of visitor services such as 
law enforcement, park maintenance, and interpretation of geology, 
history, and natural and cultural resource management.
    NPS projects may be eligible for inclusion in a self-governance 
funding agreement. Proximity to an NPS unit is not a barrier for 
entering into such an agreement and should be based on shared 
stewardship goals where Tribal interests are shared with unit 
operations. All NPS units sit on Indigenous homelands and bear 
Indigenous interests and unique oral histories.
    The list below is not all-inclusive, but is representative of the 
types of elements of programs which may be eligible for Tribal 
participation through self-governance funding agreements.
    1. Archaeological Surveys;
    2. Climate Change Planning, Mitigation, and Adaptation projects;
    3. Comprehensive Management Planning;
    4. Cultural Landscape Study and Maintenance;
    5. Cultural Resource Management Projects;
    6. Ethnographic Studies;
    7. Erosion Control;
    8. Fire Protection and Training;
    9. Post-fire stabilization and Rehabilitation Projects;
    10. Gathering Baseline Subsistence Data--Alaska;
    11. Hazardous Fuel Reduction;
    12. Housing Construction and Rehabilitation;
    13. Interpretation and Education--to include programs, signage, 
vendors, demonstrations, multi-media;
    14. Interpreting Tribal History;
    15. Janitorial Services;
    16. Preservation and Perpetuation of Language & Tribal Lifeways;

[[Page 103862]]

    17. Maintenance;
    18. Management and Care of Museum Collections;
    19. Natural Resource Management Projects;
    20. Operation and maintenance of Campgrounds, Serpentine, Marinas, 
and other administrative facilities;
    21. Preservation and Sharing of Cultural and Indigenous Knowledge;
    22. Range Assessment--Alaska;
    23. Reindeer Grazing--Alaska;
    24. Road and Trail Maintenance, Repairs, and Upgrades;
    25. Shelter Cabin Upgrades;
    26. Solid Waste Collection and Disposal;
    27. Trail Construction and Rehabilitation;
    28. Visitor Center Services;
    29. Youth Programs;
    30. Watershed Assessments, Restoration and Maintenance;
    31. Beringia Research;
    32. Elwha and other River Restoration projects;
    33. Recycling Programs;
    34. Visitor Center Services; and
    35. Historic Preservation Activities.

E. Eligible U.S. Fish and Wildlife Service Programs

    The mission of the U.S. Fish and Wildlife Service (Service) is to 
conserve, protect, and enhance fish, wildlife, and their habitats for 
the continuing benefit of the American people. The Service's primary 
responsibilities involve migratory birds, endangered species, 
freshwater and anadromous fisheries, and certain marine mammals. The 
Service has continuing cooperative relationships with a number of 
Indian Tribes regarding the National Wildlife Refuge System and the 
Service's fish hatcheries. Any self-governance Tribe may contact a 
national wildlife refuge or national fish hatchery directly concerning 
participation in Service programs under the Tribal Self-Governance Act.
    The following non-exclusive list of Service programs is 
representative of the types of programs that may be eligible for 
inclusion in a self-governance funding agreement:
     Subsistence programs within the State of Alaska. Evaluate 
and analyze data for annual subsistence regulatory cycles and other 
data trends related to subsistence harvest needs and facilitate Tribal 
Consultation to ensure that title VII terms of the Alaska National 
Interest Lands Conservation Act (ANILCA; Pub. L. 96-487) are being met, 
as well as activities fulfilling the terms of title VIII of ANILCA;
     Technical Assistance, Restoration, and Conservation. 
Conduct planning and implementation of population surveys, habitat 
surveys, restoration of sport fish, capture of depredating migratory 
birds, and habitat restoration activities;
     Endangered Species Programs. Conduct activities associated 
with the conservation and recovery of threatened or endangered species 
protected under the Endangered Species Act (ESA; 16 U.S.C. 1531 et 
seq.) or candidate species under the ESA. These activities may include, 
but are not limited to, cooperative conservation programs, development 
of recovery plans and implementation of recovery actions for threatened 
and endangered species, and implementation of status surveys for high-
priority candidate species;
     Education Programs. Provide services in interpretation, 
outdoor classroom instruction, visitor center operations, and volunteer 
coordination both on and off national wildlife refuge lands in a 
variety of communities and assist with environmental education and 
outreach efforts in local villages;
     Environmental Contaminants Program. Conduct activities 
associated with identifying and removing toxic chemicals, to help 
prevent harm to fish, wildlife, and their habitats. The activities 
required for environmental contaminant management may include, but are 
not limited to, analysis of pollution data, removal of underground 
storage tanks, specific cleanup activities, and field data gathering 
efforts;
     Wetland and Habitat Conservation Restoration. Provide 
services for construction, planning, and habitat monitoring and 
activities associated with conservation and restoration of wetland 
habitat;
     Fish Hatchery Operations. Conduct activities to recover 
aquatic species listed under the ESA, restore native aquatic 
populations, and provide fish to benefit national wildlife refuges and 
Tribes. Such activities may include, but are not limited to tagging, 
rearing, and feeding of fish; disease treatment; and clerical or 
facility maintenance at a fish hatchery; and
     National Wildlife Refuge Operations and Maintenance. 
Conduct activities to assist the National Wildlife Refuge System, a 
national network of lands and waters for conservation, management, and 
restoration of fish, wildlife and plant resources and their habitats 
within the United States. Activities that may be eligible for a self-
governance funding agreement may include, but are not limited to 
construction, farming, concessions, maintenance, biological program 
efforts, habitat management, fire management, and implementation of 
comprehensive conservation planning.

F. Eligible U.S. Geological Survey Programs

    The U.S. Geological Survey (USGS) is a scientific research bureau 
whose mission is to monitor, analyze, and predict current and evolving 
Earth-system interactions and deliver actionable information at scales 
and timeframes relevant to decision makers. This information is usually 
publicly available and includes reports, maps, databases, and 
descriptions and analyses of the water, plants, animals, energy, and 
mineral resources, land surface, underlying geologic structure, and 
dynamic processes of the earth. The USGS does not manage lands or 
resources. Self-governance Tribes may potentially assist the USGS in 
the data acquisition and analysis components of USGS's activities.
    The list below is not all-inclusive but provides examples of 
program elements that have been and may be eligible for inclusion in a 
self-governance funding agreement:
     Collection of UAS imagery suitable for Structure-from-
Motion (SfM) photogrammetry; and
     Collection of baseline sediment flux data, digital grain 
size analysis, fluvial geomorphic conditions, occurring during and 
following dam removal.

G. Eligible Bureau of Trust Funds Administration Programs

    Secretarial Order 3384 authorized the establishment of the Bureau 
of Trust Funds Administration (BTFA), which reports to the Office of 
the Assistant Secretary--Indian Affairs. BTFA is responsible for the 
management (receipting, investing, disbursing, reconciling and 
reporting) of the monetary assets of American Indians held in trust by 
the Department of the Interior. BTFA also maintains the official 
archive of American Indian Records. This program safeguards millions of 
original historic documents that detail the Federal government's treaty 
obligation to Native Americans.
    A Tribe operating under self-governance may include the following 
programs, services, functions, and activities or portions thereof, in a 
funding agreement:
     Beneficiary Processes Program (Individual Indian Money 
Accounting Technical Functions). The memorandum of understanding (MOU) 
between the Tribe/Consortium and BTFA outlines the roles and 
responsibilities for the performance of the BTFA program by the Tribe/
Consortium. If those roles and

[[Page 103863]]

responsibilities are already fully specified in the existing funding 
agreement with the Office of Self-Governance (OSG), an MOU is not 
necessary. To the extent that the parties desire specific program 
standards, an MOU will be negotiated between the Tribe/Consortium and 
BTFA, which will be binding on both parties and attached and 
incorporated into the OSG funding agreement. If a Tribe/Consortium 
decides to assume the operation of a BTFA program, the new funding for 
performing that program will come from BTFA program dollars. A Tribe's 
newly assumed operation of the BTFA program(s) will be reflected in the 
Tribe's OSG funding agreement.

H. Eligible Appraisal and Valuation Services Office Programs

    The mission of the Appraisal and Valuation Services Office (AVSO) 
is to provide credible, timely, and efficient valuation services to 
ensure the Department's fiduciary responsibilities are met for Tribes 
and beneficiaries in trust and restricted-fee real property 
transactions, and to uphold public trust in Federal real property 
transactions. AVSO provides appraisal, valuation, mineral evaluation, 
and real property consulting expertise to Indian beneficiaries, Federal 
clients, and other stakeholders in accordance with the highest 
professional and ethical standards and is responsible for all real 
property appraisal and valuation services within the Department of the 
Interior. AVSO is comprised of three regions (Western, Central and 
Eastern) serving all of Indian Country as well as all DOI bureaus, 
agencies and offices. AVSO's Mineral Evaluations Division is tasked 
with providing mineral assessments and evaluations for DOI.
    These and other activities may be available for inclusion in self-
governance funding agreements depending upon availability of funds, the 
need for specific services, and the self-governance Tribe's 
demonstration of a special geographic, cultural, or historical 
significance. Tribes may obtain further information on specific 
activities that may be available for inclusion in a self-governance 
funding agreement.
    Some elements of the following non-exclusive list of AVSO programs, 
functions, services and activities may be eligible for inclusion in a 
self-governance funding agreement:
     Appraisal and valuation functions for Indian trust and 
restricted fee real property;
     Appraisal review function for appraisals prepared for 
Departmental use;
     Appraisal and valuation functions for Federal real 
property;
     Appraisals and evaluation functions for Indian and Federal 
minerals; and
     Real property consultation services.
    The MOU between the Tribe/Consortium and AVSO outlines the roles 
and responsibilities for the performance of the AVSO program by the 
Tribe/Consortium. An MOU will be negotiated between the Tribe/
Consortium and AVSO, which will be binding on both parties and attached 
and incorporated into the OSG funding agreement. If a Tribe/Consortium 
decides to assume the operation of an AVSO program, the new funding for 
performing that program will come from AVSO program dollars. A Tribe's 
newly-assumed operation of an AVSO program will be reflected in the 
Tribe's OSG funding agreement.

IV. Principles Governing Non-BIA Self-Governance Programs Eligible for 
Inclusion in Self-Governance Funding Agreements

    Based on feedback from Consultation, the Department includes in 
this year's Federal Register Notice general guidance on principles 
governing non-BIA self-governance programs eligible for inclusion in 
self-governance funding agreements. As a foundational matter, self-
governance compacts may include Federal programs, services, functions, 
or activities administered by the Department other than through the 
Bureau of Indian Affairs that are otherwise available to Indian tribes 
or Indians. Self-governance compacts may also include other programs, 
services, functions, and activities, or portions thereof which are of 
special geographic, historical, or cultural significance to the 
participating Indian tribe requesting a compact. The Department has 
interpreted this language as granting the government discretion to fund 
programs that may coincidentally benefit Indians but that are national 
in scope and are not by definition programs for the benefit of Indians 
because of their status as Indians.
    Pursuant to S.O. 3403, the Departments' agencies have a directive 
to facilitate agreements with Tribes to collaborate in the co-
stewardship of Federal lands and waters and to strengthen Tribal 
homelands. Pursuant to Executive Order 13175, in implementing the Act 
the Department supports Tribal sovereignty and self-determination and 
encourages Indian Tribes to develop their own policies to achieve the 
objectives of the Act for non-BIA Programs. Where possible, the 
Department will defer to Indian Tribes to establish standards for non-
BIA Programs. Together, these policy documents demonstrate, and the 
Department reiterates, a desire to further inclusion of non-BIA 
programs in self-governance funding agreements.

V. Programmatic Target for Fiscal Year 2025

    The programmatic target for Fiscal Year 2025 provides that, upon 
request of a self-governance Tribe, each non-BIA bureau will negotiate 
funding agreements for its eligible programs beyond those already 
negotiated.

Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2024-30252 Filed 12-18-24; 8:45 am]
BILLING CODE 4337-15-P
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